Legal Opinion

Jacot v. Marks

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 4 opinions

Appeal by the .defendant, William. L,. Marks, from an order of the Supreme Court, made at the bfew York Special Term and entered in the office of the clerk of the county of ÜSTéw York on the 22d day of March, 1899, denying his motion to dismiss the plaintiff’s complaint.

1Opinion of the Court

Rumsey, J.:

The plaintiffs’ delay in serving their amended complaint and getting their case into a situation where it could be tried was entirely inexcusable, aiid if there ever was a case in'which the complaint, should be dismissed for such a delay this; was one. No only did it appear without contradiction that they delayed to servé the amended complaint for; over a year, so that it. was not in the power of the defendant to proceed in the action, but they used the pendency of this action to defeat the defendant’s effort to obtain an affirmative judgment on .his counterclaim in another court.…

2Cited by4 opinions

  1. City of Jefferson v. Capital City Oil CompanyMissouri Court of Appeals · 1956
  2. Fox v. Perpetual National Life Insurance Co.South Dakota Supreme Court · 1978
  3. Cooper v. MartinAppellate Division of the Supreme Court of the State of New York · 1927
  4. Fleischman v. MengisAppellate Terms of the Supreme Court of New York · 1908

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